[Ord. 2013-01, 6/18/2013]
The purpose of this chapter is to govern the placement of vertical
and horizontal banners within the public rights-of-way of any street,
road or alley of Pennsylvania state routes located within Mifflinburg
Borough (hereinafter "public ROW"). The Borough Manager or his/her
designated representative will administer this chapter.
[Ord. 2013-01, 6/18/2013]
1.
Only a nonprofit organization (hereinafter "organization") may request
a banner permit under this chapter. Further, if the banner is requested
to promote the organization, then the organization must:
3.
Examples of such events or exhibits include, but are not limited
to: an arts, entertainment or education-related activity; a public
social occasion; a sports contest; a festival event; or a public concert.
[Ord. 2013-01, 6/18/2013]
Banners will be permitted for a period not to exceed 60 days,
provided the organization has complied with all requirements of this
chapter and has been issued a banner permit. All banners shall meet
the following requirements:
A.
Vertical Banners.
(1)
Vertical banners are temporary vertical signs composed of flexible
material that are suspended from rods and brackets attached to metal
streetlight poles ("poles") located in the public ROW.
(2)
General Requirements. Vertical banners must:
(a)
Be sized to fit the Borough's existing brackets as established
by Council from time to time.
(b)
Only be installed at designated locations approved by the Borough
from time to time by resolution.
(c)
Not be erected in a manner or location that either creates an
unsafe condition for motor vehicles, bicycles, or pedestrian traffic
or interferes with the view of traffic signs, signal or devices.
(d)
Be provided to the Borough a minimum of one week in advance
of placement and be constructed to meet the Borough's pole hardware
requirements.
(e)
Not include for display vulgar, lewd, distasteful, or otherwise
offensive language or design components.
(f)
Not be attached to poles bearing traffic signals.
B.
Horizontal Banners.
(1)
Horizontal banners are temporary horizontal signs composed of flexible
material that are in the public ROW and stretched across a public
street, road or alley.
(2)
General Requirements. Horizontal banners must:
(a)
Measure 20 feet to 40 feet long by three feet tall.
(b)
Only be installed at designated locations approved by the Borough
from time to time by resolution.
(c)
Not be erected in a manner or location that either creates an
unsafe condition for motor vehicles or interferes with the view of
traffic signs, signals or devices.
(d)
Be provided to the Borough a minimum of one week in advance
of placement and be constructed to meet the Borough's requirements.
(e)
Not include for display vulgar, lewd, distasteful, or otherwise
offensive language or design components.
(f)
Be made of heavy-duty reinforced vinyl (minimum 14 oz.).
(g)
Be stitched on four sides with metal D-rings at each corner
and grommets spaced every three feet along the top. Loose D-rings
will be returned.
(h)
Have at least one wind slit per square foot.
(i)
Be hung from a cable permanently installed by the Borough.
(j)
Comply with all requirements of the Pennsylvania Department
of Transportation as established from time to time by policy, regulation
or other action.
[Ord. 2013-01, 6/18/2013]
An organization requesting permission to place banners in the
public ROW must complete the application for a temporary banner permit
(the "application"). The application and supporting documents must
be submitted to the Borough Manager at least four weeks prior to the
date(s) being requested. The Borough Manager (or designee) will review
the application for completeness to ensure all requirements are met.
The application must:
A.
State the purpose of the organization and event being promoted, if
applicable.
B.
State the dates and times banners are requested to be installed,
displayed, and removed and, if applicable, the date(s) of the special
event/exhibit.
C.
State the location and number of banners and specific banner/streetlight
pole locations. In the event of dual requests, the application with
the earliest postmark will be given first consideration, unless one
of the organizations has received prior approval, in which case it
will retain first right of refusal.
D.
Include a color sample of the banner, including the design and content.
E.
Include a check made payable to the Borough of Mifflinburg for all
fees.
[Ord. 2013-01, 6/18/2013]
A fee shall be charged for each banner permit application in
order to offset the cost of reviewing banner permit applications,
placing banners that have been permitted and otherwise administering
the requirements of this chapter. The amount of the fee shall be established
by periodic resolution of Borough Council. The fee is nonrefundable,
regardless of whether the permit application is approved or denied.
The fee shall not be applied to any banner permit renewals; rather,
a separate fee shall be collected for such renewals.
[Ord. 2013-01, 6/18/2013]
All organizations must comply with the following insurance requirements
before the banner permit is issued:
A.
Obtain commercial general liability insurance coverage in an amount
satisfactory to the Borough. The amount shall be established by periodic
resolution of Borough Council.
B.
The Borough shall be endorsed on the policy as an additional insured.
C.
The policy shall be endorsed to provide 30 days' notice of cancellation
or nonrenewal to the Borough.
D.
Provide a certificate of insurance to the Borough with the Borough
of Mifflinburg named as the certificate holder.
[Ord. 2013-01, 6/18/2013]
The Borough Manager of Mifflinburg shall have sole authority
to approve banner applications (including design/content, location,
and installation dates) and authorize issuance of a banner permit.
Borough Council may, upon written request from the organization to
Borough Council, consider an application that has been denied by the
Borough Manager for reasons of noncompliance, provided the written
request is made within 30 days of the Borough Manager's denial.
The Borough Manager or his/her designee(s) will administer and manage
the program (i.e., permit issuance, recordkeeping, collection of deposits/fees,
and pole maintenance).
[Ord. 2013-01, 6/18/2013]
Approved banners shall only be installed by the Borough of Mifflinburg
personnel under the conditions of normal working hours. Nighttime
installation is prohibited.
[Ord. 2013-01, 6/18/2013]
The organization is responsible for monitoring banners to:
[Ord. 2013-01, 6/18/2013]
1.
Throughout the display period, the Borough may inspect the banners
and brackets and take corrective action as required. Should the Borough
identify any problems with the appearance, condition, or maintenance
of the banners, rods or brackets, the Borough will remove the defective
banner and notify the organization of the nature of the problem and
the location. If the organization has a replacement banner available,
the Borough will mount the replacement banner for the remainder of
the display period. If an identified problem presents a hazard to
pedestrian and/or motor vehicle traffic, the Borough will remove the
hazard.
2.
Under no circumstances will the Borough be responsible for any damage
to privately owned banners.
[Ord. 2013-01, 6/18/2013]
1.
Certain organizations may be permitted to manage a banner program
within a defined area of the Borough. In such areas, the organization
will draft a formal agreement describing the terms and conditions
under which a banner management program may operate. The organization
will then present the agreement to the Borough Manager. Upon acceptance
of the agreement by the Borough Manager, the agreement will be forwarded
to Borough Council for consideration of approval.
